Village of Tarrytown, NY Garbage, Rubbish and Refuse

For the purpose of this article:

(a)

Any detached building containing three or more dwelling units.

(b)

Any apartment complex of two or more detached structures containing three or more dwelling units, such as a cooperative-type apartment complex or a garden-type apartment complex.

A condominium shall not be considered a "multifamily dwelling."

PERSON

Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE DWELLING

A detached building containing not more than two individual dwelling units and shall also mean a dwelling unit that is part of a condominium complex.

PRIVATE PROPERTY

Any property other than that used as a public highway or public right-of-way or owned and/or operated by a federal, state or municipal government or agency thereof.

REFUSE

All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish and ashes.

RESIDENTIAL AREA

An area primarily zoned and occupied for residential purposes.

RUBBISH

Nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as yard clippings, metals, wood, glass, bedding, crockery and similar materials.

SIDEWALK

The area between a building or property line and the street.

STREET

Includes any public street, roadway, highway, lane, alleyway, park, parking area, grounds or any other public place.

VILLAGE

The Village of Tarrytown.

Editor's Note: The definition of "Chairman of the Committee on Highway and Sanitation," which immediately followed this definition, was deleted 5-6-1991 by L.L. No. 5-1991.

§ 183-5 Unlawful acts; placement of litter baskets.

The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land in the Village, excluding any location designated by the Village Board, the Superintendent of Public Works or his designee or the Westchester County Department of Health for such purposes, shall keep such land at all times free and clear of any accumulation of garbage, refuse, rubbish, litter and waste or discard matter of any type, including automobiles, automobile parts and other machinery, except such as may be deposited for collection and disposal as provided for by this article. Summonses for violation of this provision may be served by the Building Inspector or the Chief of Police or an officer of the Police Department designated by the Chief of Police.

[Amended 10-5-1981 by L.L. No. 9-1981; 12-6-1982 by L.L. No. 13-1982; 9-16-2019 by L.L. No. 9-2019]

No person shall deposit, throw, cast or bury ashes, rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage, waste matter, offal or discard matter of any type, including automobiles, automobile parts and other machinery, on any lot or plot of land in the Village other than small inoffensive compost heaps such as may be utilized by a home gardener when stored on his own property and appropriately screened from view.

No person shall throw, cast or lay or directly suffer or permit any person to throw, cast or lay any litter and waste or discard matter of any type, including automobiles, automobile parts and other machinery, on any street, sidewalk or right-of-way within the Village.

Litter baskets. In the event that the Superintendent of Public Works or his designee shall place on sidewalks, parking areas or any other public place litter baskets as may, in his discretion, be required, no person shall deposit in such litter baskets accumulations of litter, refuse and waste or discard matter of any type from private or commercial property, which must be deposited for collection or disposal as provided for by this article.

[Amended 9-16-2019 by L.L. No. 9-2019]

No person being the owner, driver or manager of any car or other vehicle and no owner of any receptacle shall scatter, drop or spill or permit to be scattered, dropped or spilled any dirt, gravel, sand, clay, loam, stone or building rubbish; hay, straw, oats, sawdust, shavings or other light materials of any sort; manufacturing trade or household waste, refuse or rubbish of any sort; or ashes, manure, garbage or other organic refuse or other offensive matter therefrom or shall permit the same to be blown off therefrom by the wind upon any street or sidewalk or right-of-way in the Village.

No person shall allow any swill, brine or any offensive animal matter or any bad-smelling or noxious liquid or other filthy matter of any kind to run or fall into or upon any street, sidewalk or right-of-way in the Village or to be taken or put thereon.

No person having the care, custody or control of any domestic animal, including cats, whether leashed or unleashed, licensed or unlicensed, shall permit such animal to excrete its body waste upon sidewalk area in the Village.

Abandoning shopping carts, etc., prohibited. No person shall abandon or discard or cause to be abandoned or discarded any article or thing, including but not limited to shopping carts or shopping wagons, baskets, crates, boxes or cartons, in or upon any street, highway, sidewalk or public place lying in the Village.

Rubbish blowing from receptacles. No person being the owner or in control of a receptacle containing any dirt, filth, waste or rubbish shall permit the contents of such receptacle to be blown therefrom by the wind onto or upon any street, highway or public place lying in the unincorporated area of the Village.

Removal of weeds, rubbish, etc.

No owner or occupant of real property within the Village shall permit grass, noxious weeds, brush or rank growths to exceed 12 inches in height. It shall be the responsibility of the owner or occupant of real property within the Village to cut and remove all long grass, noxious weeds, brush or rank growths growing upon said property in excess of 12 inches and to remove all rubbish and debris from said property.

[Amended 5-6-1991 by L.L. No. 5-1991]

Upon failure of the owner or occupant to comply with the provisions hereof, after due notice, the Village may cut and remove said noxious weeds, brush, rank growths and long grass and remove said rubbish and debris, and the total cost thereof may be assessed against the real property on which such weeds, brush, rank growths, long grass, rubbish or debris is found and shall constitute a lien and a charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes.

Surface drainage, etc., into sanitary sewers prohibited. No street, gutter, surface, cellar, land or subsurface drain of any kind shall be permitted to be discharged into the public sanitary sewer or connected therewith, directly or indirectly.

§ 183-6 Promulgation and modification of regulations; appeals.

[Amended 9-16-2019 by L.L. No. 9-2019]

All garbage, refuse, rubbish, litter and waste material of any type accumulated in the Village shall be collected, conveyed and disposed of under the supervision of the Superintendent of Public Works or his designee, who shall have the authority to make regulations concerning the days of collection, the type, size and location of disposal containers and such other matters pertaining to collection, conveyance and disposal as he shall find necessary. The Superintendent of Public Works or his designee shall have the authority to change and modify any regulations after due notice to all concerned.

Appeals. Any person aggrieved by a regulation or fee charged by the Superintendent of Public Works or his designee shall have the right to appeal to the Village Board, which shall have the authority to confirm, modify or revoke any regulation or fee.

§ 183-7 Preparation of materials for collection; collection points.

Separation of wastes; receptacles.

Garbage, ashes and rubbish shall be separated and placed and maintained in separate containers or receptacles.

It shall be the duty of every person having the management or control of or occupying any land or building to provide, for the exclusive use of such land or building or part thereof, sufficient receptacles to hold garbage, ashes and rubbish ordinarily accumulated by the occupants of such land or building, each in separate receptacles, and to allocate an area for storage of such receptacles in the interval between regular collections. Any waste material other than garbage, ashes and rubbish which cannot be readily deposited in any receptacles may be compacted and securely bundled, tied or packaged as to be easily handled, but not weighing more than 50 pounds and not likely to be scattered, and, when packed and secured, may be placed alongside of or in place of regular receptacles. Such packages or bundles should not exceed four feet in length.

Each of such receptacles provided for in this section shall be watertight, kept covered with a suitable cover and maintained in a sanitary condition by periodic cleaning. Except in instances where approved one-cubic-yard containers are used, such receptacles shall not exceed 32 gallons' capacity and, when filled, shall not exceed 50 pounds in total weight.

[Amended 1-2-1996 by L.L. No. 1-1996]

Each such receptacle containing garbage or rubbish shall be free of water or wetted materials.

Refuse containers.

Duty to provide and maintain in sanitary condition. Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice. The Superintendent of Public Works or his designee shall have the authority to refuse collection for failure to comply herewith.

[Amended 9-16-2019 by L.L. No. 9-2019]

Garbage and rubbish. Receptacles shall be containers commercially manufactured for that purpose, equipped with suitable handles and tight-fitting covers, and shall be watertight.

Ashes. Ash containers shall be made of metal.

Compacted garbage. All compacted garbage shall be limited to 50 pounds in weight.

Points of collection.

[Amended 3-6-1989 by L.L. No. 5-1989; 3-5-1990 by L.L. No. 5-1990; 6-17-1991 by L.L. No. 10-1991]

Where curb service is provided, refuse containers for rubbish, grass clippings, leaves, paper, etc., shall be placed for collection in a visible and accessible area between the sidewalk line and curbline immediately in front of the premises. Said refuse containers shall not be placed by the curb prior to 7:00 p.m. on the day before the day of collection and shall be removed from the location where curb service is provided and moved to an appropriate location not visible from the street by 12:00 midnight of the day of collection.

In residential areas, at each multifamily dwelling designed for three or more dwelling units, and at all commercial areas, the owner, tenant, occupant or person in charge thereof, on regularly scheduled collection days, shall set out or cause to be set out from the storage area all receptacles containing garbage, ashes and rubbish authorized to be collected to the curb area as described in Subsection C(1) above.

The Superintendent of Public Works or his designee may authorize the removal of garbage and ashes from the receptacles at storage areas, provided that such storage areas are readily accessible to the collection vehicle and collection in this manner will, in his opinion, result in a more expeditious removal of the garbage and ash accumulation from such receptacles.

[Amended 9-16-2019 by L.L. No. 9-2019]

§ 183-8 Collections.

[Amended 7-15-1985 by L.L. No. 4-1985; 5-6-1991 by L.L. No. 5-1991; 1-2-1996 by L.L. No. 1-1996; 9-16-2019 by L.L. No. 9-2019]

The Department of Public Works shall make regular collections of all refuse as often and during such specified hours as shall be prescribed by the Superintendent of Public Works or his designee. Collection shall be made from receptacles when placed on or in front of any premises at such accessible locations as shall be designated by the Superintendent of Public Works or his designee. The Superintendent of Public Works or his designee shall have the right to omit collections from any premises where a vicious dog is permitted to run at large or where employees of the Village are subject to any unnecessary danger or hazard.

Residential.

Regular collections from residential areas shall be made from Monday through Friday on regular working days and on days and hours scheduled by the Superintendent of Public Works or his designee.

All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size, having a tight-fitting cover and a maximum filled weight of 50 pounds, except that garden refuse and rubbish will be accepted in wooden boxes, baskets or pails with handles and that in certain instances one-cubic-yard receptacles are authorized by the Superintendent of Public Works or his designee.

Quantities of refuse to be collected are limited as follows:

(a)

Residential private dwellings:

Garbage: the equivalent of two thirty-two-gallon containers per family each collection day.

[2]

Rubbish: the equivalent of two thirty-two-gallon containers each collection day, plus an additional equivalent of three thirty-two-gallon containers during the months of May through October inclusive. Bundled and tied tree trimmings not exceeding four feet in length and 24 inches in any other dimension shall be equal to one thirty-two-gallon container.

[3]

Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut to meet the length requirement described in Subsection A(3)(a)[2] of this section.

[4]

Large household items. All large household items, such as furniture, refrigerators, etc., will be collected from the curb area only and by special vehicle, by appointment with the Department of Public Works. The Superintendent of Public Works or his designee shall have the authority to decline certain materials in accordance with the Village's ability to dispose of such materials.

[5]

Ashes. Ashes must be thoroughly water-quenched and placed in one fireproof metal receptacle, weighing not more than 50 pounds filled, and placed with rubbish for collection.

[6]

Newspapers, magazines and cardboard. Newspapers, magazines and cardboard shall be placed for collection in accordance with the provisions of Chapter 237, Recycling.

(b)

Residential multifamily dwellings:

Where a multifamily dwelling is equipped with incinerator facilities operative in accordance with the Westchester County Environmental Protection Agency, all refuse must be incinerated, and the Village shall collect and dispose of all incinerated residue on regularly scheduled days. Such residue shall be put in suitable containers as outlined in Subsection A(2) of this section and placed at the curb for collection unless otherwise authorized by § 183-7 of this article.

[2]

Where a multifamily dwelling is not equipped with incinerator facilities, the Village shall collect all refuse two days a week as scheduled by the Superintendent of Public Works or his designee. All refuse must be properly separated pursuant to § 183-7 of this article and put in suitable containers as outlined in Subsection A(2) of this section.

[3]

Subsection A(3)(a)[3], [4] and [5] of this section shall also apply to residential multifamily dwellings.

[4]

In areas of collection where a dumpster is used for collection purposes, the size of the dumpster to be used shall be approved by the Superintendent of Public Works or his/her designee prior to the Village providing collection services.

Commercial. The following limitations apply to collection practices of the Village and are not to apply to private collection operations which supplement regular Village collections and are contracted for by the owners, landlords or tenants due to excessive accumulations of refuse.

Regular collections from commercial areas shall be made from Monday through Friday on days and hours scheduled by the Superintendent of Public Works or his designee.

All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size, having a tight-fitting cover and a maximum filled weight of 50 pounds.

Quantities of refuse to be collected are limited as follows:

(a)

Garbage: the equivalent of two thirty-two-gallon containers each scheduled collection day.

(b)

Rubbish: the equivalent of two thirty-two-gallon containers each collection day.

(c)

Ashes. Ashes must be thoroughly water-quenched and placed in one fireproof metal receptacle, weighing not more than 50 pounds filled, and placed with rubbish for collection.

(d)

Newspapers, magazines and cardboard. Newspapers, magazines and cardboard shall be placed for collection in accordance with Chapter 237, Recycling.

(e)

All refuse to be collected pursuant to Subsection B(1), (2) and (3) above, regardless of whether or not collected by the Village, shall be placed at curbside no earlier than 11:00 p.m. the day before the day of collection as scheduled by the Superintendent of Public Works or his designee.

Prohibitions.

Use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage is prohibited.

Empty receptacles shall be removed from the curb area within 12 hours after collection unless otherwise prescribed by the Superintendent of Public Works or his designee.

Refuse receptacles shall be stored on private property on a location adjacent to a principal or accessory use building, but in no case shall such receptacles be stored forward of the front of the building line of the principal structure unless they are off the sidewalk area and completely obscured from public view, unless approved by the Superintendent of Public Works or his designee.

It shall hereafter be illegal for any person to construct, place or build facilities for the storage of receptacles below property grades (underground).

(5)

Receptacles shall not be placed for collection inside or within any building, accessory use building or garage or any place above or below ground level.

(6)

No person shall prevent or interfere with any employee of the Village in the sweeping or cleaning of any street, sidewalk or right-of-way or in the removal therefrom of sweepings, litter, snow, ice or other refuse material.

(7)

No person, other than an authorized employee or agent of the Village or a private collection agency authorized by the owner or occupant of the property, shall disturb or remove any garbage, refuse, rubbish, paper or boxes that have been placed outside of private houses, apartment houses, business or commercial buildings or lots for removal.

(8)

No employee of the Village, in the course of his duties, shall be required to enter a building or structure to gather or collect any refuse.

§ 183-9 Materials not collected by Village.

The Village shall not collect or dispose of any debris such as plaster, stone, brick, sawdust, sod or dirt resulting from general contracting, renovating or landscape contracting, nor shall the Village collect or dispose of any cleaning establishment waste, highly combustible materials, junk automobiles or branches and tree stumps unless they are split in sections six inches or less in diameter and three feet or less in length. Removal of such debris shall be arranged privately.

§ 183-10 Excessive accumulation of refuse.

Any accumulations of refuse resulting from failure of any person to comply with any provision of this article or from failure of such person to take advantage of the regular collection service maintained by the Village and any waste building materials in excess of ordinary household refuse of such materials shall be removed by such person at his expense.

The Department of Public Works will collect from the premises on scheduled days an amount of all classes of refuse in accordance with limitations set forth in § 183-8, but where abnormal amounts are placed for collection, the Department reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make a special collection thereof at charges authorized by the Superintendent of Public Works or his designee.

[Amended 9-16-2019 by L.L. No. 9-2019]

The Superintendent of Public Works or his designee is authorized to enter into an agreement with any person in commercial areas for the collection of excessive accumulations of abnormal amounts of all classes of refuse.

[Amended 9-16-2019 by L.L. No. 9-2019]

§ 183-11 License required for private refuse, waste and rubbish collection vehicles.

No collection vehicles, other than those owned by the Village, shall make collections unless a license is procured for each as hereinafter provided.

The Village Clerk shall accept applications for the licensing of each private collection vehicle, and such sworn and notarized applications shall contain but not be limited to the following:

The name and address of the owner of the subject vehicle.

If the vehicle is owned by other than an individual person, the name and address of the firm, partnership, corporation or other. If a corporation, indicate the state in which incorporated or chartered and the date of such official recognition.

The full names, addresses and dates of birth of all owners, officers, partners, managers, members of the Board of Directors and holders of 10% or more of the outstanding stock or the indebtedness of such firm.

[Amended 10-19-2009 by L.L. No. 7-2009]

Whether the applicant or any of the above named have ever been arrested for any crime or offense other than a traffic violation and, if so, that person's name and the charge, jurisdiction, date and disposition of each offense.

(5)

Whether any of those named in Subsection B(3) above is or has been affiliated in any way with any other refuse, waste or rubbish collection firm and, if so, with whom and how.

(6)

Whether any of those listed in Subsection B(3) above has ever been denied a license for the purpose of refuse, waste or rubbish collection and, if so, whom, the jurisdiction and date.

(7)

The make, year, model of chassis, body style, covering and color of the subject vehicle.

(8)

The current New York State registration and plate number of the subject vehicle. If registration and/or plate numbers change during the period for which the vehicle is licensed, this change shall be reported, in writing, to the Village Clerk within 48 hours of such occurrence.

(9)

The expiration date of the vehicle registration.

(10)

The unladen and maximum gross weight of the vehicle.

(11)

The routes on which the vehicle will operate within the Village.

(12)

The approximate volume and tonnage the vehicle will handle per day.

(13)

A listing of the present customers, with addresses which will be serviced by the vehicle within the Village.

(14)

The hours and days during which the vehicle will normally operate within the Village.

(15)

The disposal site or sites used or planned.

(16)

The garage or lot location where such vehicle is normally stored.

(17)

The name of the vehicle insurance carrier, policy number and expiration date.

(18)

The certificate of employee disability insurance number.

(19)

Certification that each vehicle has been issued a valid New York State Department of Motor Vehicles inspection sticker and that the vehicle has passed any and all other licensing requirements as set forth by any other governmental agency or body.

[Added 8-20-1984 by L.L. No. 12-1984]

The forms to be supplied by the Village Clerk for the application hereto set forth shall be completely executed by the applicant and verified, and such license, if approved, shall be for the calendar year in which the license is issued.

Denial of application or revocation of license.

If any application for a license contains any false or misleading statement or omits to disclose any pertinent information, such false statement or omission shall be cause for denial of the application or immediate revocation of any license presently in effect.

The Village Clerk, upon receipt of a negative recommendation of the Superintendent of Public Works or his designee or the Chief of Police, shall deny any application or immediately revoke any license presently in effect.

[Amended 9-16-2019 by L.L. No. 9-2019]

Upon the denial of an application or the revocation of a license, the applicant or licensee may, within 30 days of such denial or revocation, appeal, in writing, to the Village Board for a hearing to review the determination of the Village Clerk.

This license is not transferable except when current New York State vehicle registration is transferred to another vehicle and then only when notification is made to the Village Clerk prior to the transfer and when the subject vehicle has been approved by the Superintendent of Public Works or his designee.

[Amended 9-16-2019 by L.L. No. 9-2019]

All applications must be reviewed by the Chief of Police and the Superintendent of Public Works or his designee before a license may be issued by the Village Clerk.

[Amended 8-20-1984 by L.L. No. 12-1984; 11-2-1992 by L.L. No. 22-1992; 9-16-2019 by L.L. No. 9-2019]

For the purpose of inspection, each vehicle shall, at the time of application, possess a valid New York State Department of Motor Vehicles inspection certificate. Furthermore, the applicant is to certify that any and all other inspection requirements as set forth by any other governmental agency or board have been met.

The Chief of Police shall cause a search to be made into the truth of the statements contained in the application for a license. After completing such investigation, the Chief of Police shall transmit to the Village Clerk his written recommendation as to either the granting or denying of said application.

The recommendations by the Superintendent of Public Works or his designee and the Chief of Police shall be based upon a determination as to whether the public health, safety and welfare shall best be served by the granting or denying of the application.

A fee for the licensing of each vehicle under application shall be required upon the submission of said application in the amount as adopted by resolution of the Board of Trustees[1] for each license for the calendar year or any part thereof. The fee for any license not approved shall be returned, minus a service and handling charge as adopted by resolution of the Board of Trustees.[2]

[Amended 5-6-1991 by L.L. No. 5-1991]

Editor's Note: Such fee is on file and available for inspection in the office of the Village Clerk during regular office hours.

[2]

Editor's Note: Such service and handling charge is on file and available for inspection in the office of the Village Clerk during regular office hours.

Licenses shall not be renewed, but rather a new application must be made each year, and a license fee as adopted by resolution of the Board of Trustees shall be paid.

[Amended 5-6-1991 by L.L. No. 5-1991]

The Village Clerk shall issue a replacement license for one which has been lost or destroyed upon the filing of a required affidavit, payment of the fee as adopted by resolution of the Board of Trustees and approval of the Chief of Police and the Superintendent of Public Works or his designee.

[Amended 5-6-1991 by L.L. No. 5-1991; 9-16-2019 by L.L. No. 9-2019]

The license to be issued by the Village Clerk shall be prominently displayed on the lower right corner of the left front access door not more than three inches from the vertical and horizontal edges.

A certificate of insurance, with the Village endorsed on the certificate as coinsured/additional or named insured, in the following minimum amounts is required:

[Amended 5-6-1991 by L.L. No. 5-1991]

Personal injury: $1,000,000 per individual and $1,000,000 per occurrence.